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Texas is unusual in that it allows employers to opt out of the workers' compensation system, with those employers who do not purchase workers' compensation insurance being called non-subscribers. [57] However, those employers are exposed to legal liability in the event of employee injury.
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of ...
Liability insurance (also called third-party insurance) is a part of the general insurance system of risk financing to protect the purchaser (the "insured") from the risks of liabilities imposed by lawsuits and similar claims and protects the insured if the purchaser is sued for claims that come within the coverage of the insurance policy.
The Federal Employers Liability Act was designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation. Not all these costs were imposed, for the Act did not make the employer an insurer. The liability which it imposed was the liability for negligence.
As many as 25% of railway workers may have chosen to rely on these mutual insurance plans. [11] The Employers' Liability Act was replaced by the Workmen's Compensation Act 1897, which removed the requirement that the injured party prove who was responsible for the injury – instead they only needed to show that the injury had occurred on the job.
Employees had low prospects in acquiring compensation from employers through litigation. However, as litigation was the only means of receiving compensation, it was still heavily attempted. By 1897 the Employers Liability Act was established attempting to resolve the increasing conflicts and lawsuits between employees and employers. [14]
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